Terms and Conditions
By signing up for a Dollie Wrinkle account (as defined in Section 1), or by using any Dollie Wrinkle Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Dollie Wrinkle” means the applicable Dollie Wrinkle Contracting Party.
The services offered by Dollie Wrinkle under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both.
Any such services offered by Dollie Wrinkle are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.dolliewrinkle.com/legal/terms.
We reserve the right to update and change the Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
Additionally, if you offer products or services for sale in relation to COVID-19 on our platform, you must read, acknowledge and agree to the Rules of Engagement for Sale of COVID-19 Related Products.
Section 1 – Account Terms
- To access and use the Services, you must register for a Dollie Wrinkle account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We reserve the right to reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You acknowledge that Dollie Wrinkly will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to us and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Dollie Wrinkle can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You acknowledge that you are responsible for the creation and operation of any products and services that are bought and sold through your Account.
- Dollie Wrinkle is not a marketplace. Any contract of sale/purchase through your Account is directly between you and the buyer/seller.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Dollie Wrinkle may result in an immediate termination of your Services.
Section 2 – General Conditions
- Technical support in respect of the Services is only provided to Dollie Wrinkle Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of [please input jurisdiction where business is registerd] applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Dollie Wrinkle may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Dollie Wrinkle’s website. Your continued use of the Services after the amended Terms of Service are posted to Dollie Wrinkle’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Dollie Wrinkle Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Dollie Wrinkle.
- Questions about the Terms of Service should be sent to Dollie Wrinkle Support.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Dollie Wrinkle shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Dollie Wrinkle’s prior written consent, to be given or withheld at Dollie Wrinkle’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Section 3 – Confidentiality
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service.
- Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than
- By or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or
- As required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.